At Albin Oldner Law, one of the most rewarding aspects of our Frisco family law practice is guiding stepparents through the legal process of adopting a stepchild. Stepchild adoption can formally recognize the emotional bonds already present in a blended family and provide legal stability and rights that benefit both the child and the stepparent.
If you’re considering this meaningful step, here’s what you need to know about how to adopt a stepchild in Texas, as explained by our skilled Frisco family lawyers.
1. Confirm eligibility for stepchild adoption
In Texas, a stepparent must meet certain criteria to adopt their spouse’s child. Most importantly:
- The stepparent must be married to one of the child’s biological or legal parents.
- The child must be under 18 (unless they are disabled or otherwise dependent).
- If the child is 12 or older, they must give written consent to the adoption.
Adoption legally terminates the parental rights of the other biological parent, so you must either obtain voluntary consent from that parent or prove that termination is legally justified under Texas law.
2. Terminate the other parent’s parental rights
In most stepchild adoption cases, the non-custodial parent’s rights must be legally terminated before the adoption can proceed. This can happen in one of two ways:
Voluntary termination
The other parent agrees to terminate their parental rights by signing an affidavit of relinquishment. This happens when the parent is absent from the child’s life or recognizes that the stepparent can provide better stability.
Involuntary termination
If the parent refuses to consent or is unavailable, the court may terminate their rights based on specific grounds, including:
- Abandonment
- Failure to support the child
- Endangerment, abuse, or neglect
- Long-term incarceration
- Parental unfitness
Termination must always be in the best interests of the child and the parent must be considered an unfit parent, The court will not take this step lightly.
3. File a petition to adopt
Once termination is secured or simultaneously filed, the stepparent and their spouse (the custodial parent) must file a Petition to Adopt a Child with the district court in the county where the child resides. This document includes:
- Personal details of the stepparent and child
- Explanation of the relationship
- A request for the court to approve the adoption
The court will assign an attorney ad litem to represent the child’s best interests..
4. Complete a social study and criminal background check
Texas law requires a social study (or home study) for most adoptions, even stepchild adoptions. HAdditionally, all adopting parents must pass a criminal background check, which includes fingerprinting and a review of any criminal or CPS history.
5. Attend the adoption hearing
Once all required steps are completed, the court will schedule a final adoption hearing. During this hearing:
- The judge will review all documentation
- The child (if old enough) may be asked if they consent
- The judge will ensure the adoption is in the child’s best interest
If everything is in order, the court will sign an Order of Adoption, finalizing the process.
Many families treat this hearing as a celebration—it’s not uncommon to take family photos with the judge!
6. Update legal documents
After the adoption is finalized:
- A new birth certificate can be issued with the stepparent listed as a parent.
- You may need to update insurance policies, school records, Social Security records, and estate planning documents.
At Albin Oldner Law, we help clients take care of these post-adoption steps to ensure your child is fully integrated into your legal family framework.
Why work with Albin Oldner Law for a stepchild adoption in Texas?
We know that adoption is more than a legal process—it’s a powerful act of love and commitment. Our Frisco family law attorneys offer:
- Clear guidance through each step of the adoption process
- Representation in both voluntary and contested termination proceedings
- Compassionate support tailored to your family’s needs
Whether you need help coordinating paperwork, navigating a reluctant biological parent, or preparing for court, we’re here to make your path to adoption as smooth and stress-free as possible.
Ready to take the next step?
If you’re ready to adopt your stepchild, Albin Oldner Law is ready to stand by your side. Contact our Frisco office today at (214) 423-5100 or request a consultation online to start the journey toward legally uniting your family.
Let us help you turn your bond into something permanent—because family is more than biology. It’s about showing up, loving deeply, and making it official.
